§10763. Designation of certain routes by shippers or Interstate Commerce Commission
(a)(1) When a person delivers property to a rail carrier for transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title, the person may direct the carrier to transport the property over an established through route. When competing rail lines constitute a part of the route, the person shipping the property may designate the lines over which the property will be transported. The designation must be in writing. A carrier may be directed to transport property over a particular through route when-
(A) there are at least 2 through routes over which the property could be transported;
(B) a through rate has been established for transportation over each of those through routes; and
(C) the carrier is a party to those routes and rates.
(2) A carrier directed to route property transported under paragraph (1) of this subsection must issue a through bill of lading containing the routing instructions and transport the property according to the instructions. When the property is delivered to a connecting carrier, that carrier must also receive and transport it according to the routing instructions and deliver it to the next succeeding carrier or consignee according to the instructions.
(b) If no direction is made under subsection (a) of this section, the Commission may designate the route over which the property may be transported after arrival at the end of the route of one carrier or at a junction with the route of another carrier when the property is to be delivered to another carrier for further transportation. The Commission may act under this subsection when the public interest and a fair distribution of traffic require that action.
(c) The Commission may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section.
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| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 10763(a) | 49:15(10) (less words between 5th and 6th commas). | Feb. 4, 1887, ch. 104, |
| 10763(b) | 49:15(12). | |
| 10763(c) | 49:15(10) (words between 5th and 6th commas). |
In the section, the word "person" is substituted for "the person, firm, or corporation" and for "shipper" as being more inclusive.
In subsection (a)(1), the word "When" is substituted for "In all cases where" for clarity. The word "may" is substituted for "shall have the right" for clarity. The words "to a rail carrier for transportation subject to the jurisdiction of the Interstate Commerce Commission under subchapter I of chapter 105 of this title," are substituted for "any railroad corporation being a common carrier for transportation subject to the provisions of this chapter" to conform to the revised title. The words "over an established through route" are substituted for "by which of such through routes such property shall be transported to destination" for clarity. The words "rail lines" are substituted for "lines of railroad" for consistency. The words "in all instances" are omitted as surplus.
In subsection (a)(1)(A), the words "there are at least 2 through routes over which the property could be transported" are substituted for "for transportation . . . to any point of destination, between which and the point of such delivery for shipment two or more through routes . . . shall have been established as in this chapter provided" for clarity.
In subsection (a)(1)(C), the words "the carrier is a party to those routes and rates" are substituted for "provided to which through routes and through rates such carrier is a party" for clarity.
In subsection (a)(2), the words "A carrier directed to route property" are substituted for "of the initial carrier" for clarity. The word "must" is substituted for "it shall thereupon be the duty" to reflect the condition precedent. The word "said" is omitted as surplus. The words "containing the routing instructions" are added for clarity and in view of their subsequent use in the proviso. The words "transport the property according to the instructions" are substituted for "to route said property . . . and to transport said property over its own line or lines and" for clarity. The words "When the property is delivered to a connecting carrier, that carrier must" are substituted for "deliver the same to a connecting line or lines according to such through route, and it shall be the duty of each of said connecting carriers" for clarity.
In subsection (b), the words "If no direction is made under subsection (a) of this section" are substituted for "With respect to traffic not routed by the shipper" for consistency. The words "may be transported" are substituted for "shall take" for clarity. The words "end of the route" are substituted for "terminus" for clarity. The words "another carrier for further transportation" are substituted for "there delivered to another carrier" for clarity.
In subsection (c), the words "The Commission may prescribe exceptions to the authority of a person to direct the movement of traffic under subsection (a) of this section" are substituted for "subject to such exceptions and regulations as the Interstate Commerce Commission shall from time to time prescribe" for clarity.